The Madhya Pradesh High Court today suo motu directed the registration of an FIR against BJP leader and State Minister Kunwar Vijay Shah for his comment calling Colonel Sofiya Qureshi a “sister of terrorists“.
The Court described his remarks as ‘disparaging,’ ‘dangerous,’ and ‘language of the gutters’-not merely targeting the officer in question, but denigrating the armed forces as a whole. It further observed that, prima facie, offences under the Bharatiya Nyaya Sanhita, 2023, are made out against the Minister.
“The armed forces, perhaps the last institution existing in this country, reflecting integrity, industry, discipline, sacrifice, selflessness, character, honour and indomitable courage with which any citizen of this country who values the same can identify themselves with, has been targeted by Mr. Vijay Shah who has used the language of the gutters against Col. Sofia Quraishi. It must be mentioned here that Col. Sofia Quraishi, along with Wing Commander Vyomika Singh, were the face of the armed forces briefing the media and the nation of the progress of operation “Sindoor” launched by our armed forces against Pakistan..The Minister made the unpardonable statements against Qureshi as an innuendo but which refers to none other but her alone,” the bench observed in its order.”
A division bench comprising Justice Atul Sreedharan and Justice Anuradha Shukla held that a prima facie offence under Section 152 of the BNS, which criminalises any act that endangers the sovereignty, unity, and integrity of India, was attracted in the instant case.
“Prima facie, the statement of the minister that Col. Sofia Quraishi is the sister of the terrorist who carried out the attack at Pahalgam encourages feelings of separatist activities by imputing separatist feeling to anyone who is Muslim, which thereby endangers the sovereignty or unity and integrity of India,” the bench noted.
The bench also noted that a prima facie offence under Section 196(1)(b) of the BNS was also made out. This provision criminalises an act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities and which disturbs or is likely to disturb public tranquillity
“Prima facie, this section (Section 196(1)(b) of the BNS) would be applicable as Col. Sofia Quraishi is an adherent of the Muslim faith and deriding her by referring to her as the sister of terrorists may be prejudicial to the maintenance of harmony between different religions groups…,” the Court observed.
The bench added that the remarks had the ‘propensity’ to fuel an impression that, irrespective of the selfless duties of a person towards India, such a person could still be derided “only because that person belongs to the Muslim faith“.
Furthremore, the Court prima facie found that even Section 197 BNS was attracted in the case, a provision which criminalizes the act of publishing any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of them being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons.
The Court observed that Prima facie, Shah’s statements had the ‘propensity’ to cause disharmony and feelings of enmity or hatred or ill-will between the members of the Muslim faith and other persons who do not belong to the same religion.
Elucidating all the above-mentioned provisions, the Court directed the DGP to forthwith register an FIR against the Minister by today evening. In case of any default by the DGP, he will face proceedings under the Contempt of Courts Act, the Court warned.
While directing the AG to transmit the order to the office of the DGP, Justice Sreedharan orally remarked that he wouldn’t take any excuses and added that the Court’s direction should be complied with.
When the Court ordered that the FIR be lodged by today evening, the Advocate General sought some time for compliance with the Court’s order, to this, the bench said:
“Register, register right now…I may not be alive tomorrow…I am giving you four hours…Let this order be stayed by the SC, or be complied by tomorrow.“
Further, when the AG sought to argue that the Court had dictated this order, mainly relying on the news items, and the same could be an interpretation done by a correspondent.
To this, the Court said, “We will put in the YouTube website links where the video can be seen, this man spewing venom. We will add those links in the order.”
The matter will now come up for a hearing tomorrow.
Colonel Sofiya Qureshi had become the face of the ‘Operation Sindoor’ after she gave press briefings about the military operations carried out by the Indian Air Force against Pakistani terrorist sites.
Vijay Shah courted controversy yesterday by saying, “Jinhone humari betiyon ke sindoor ujade the… humne unhiki behen bhej kar ke unki aisi ki taisi karwayi” [Translation: Those people (terrorists) who had wiped out the sindoor (vermilion) of our sisters (in the Pahalgam terror attack)… we avenged these people by sending their sister to destroy them.
